News & Insights

1. Legal Context for Protecting Children of Asylum Seekers

U.S. immigration law recognizes the importance of family unity and offers pathways for children of asylum seekers to come to the U.S. in cases of extreme hardship or danger. While your asylum case is pending, your child may be eligible to enter the U.S. under certain legal mechanisms, such as humanitarian parole or family-based petitions. Here’s how these options work:

2. Humanitarian Parole for Children Facing Immediate Danger

Humanitarian parole allows individuals who are outside the U.S. to enter temporarily for urgent humanitarian reasons. In your child’s case, this could apply due to the severe abuse they are facing.

• How to Apply for Humanitarian Parole:
  • File Form I-131 (Application for Travel Document):
    • Submit the application on your child’s behalf to U.S. Citizenship and Immigration Services (USCIS).
  • Provide Supporting Evidence:
    • Include a detailed affidavit explaining the abuse and threats your child is facing.
    • Attach medical records, police reports, or affidavits from witnesses to corroborate the abuse.
    • Submit evidence of your pending asylum case and your U.S. residency status.
  • Sponsor Requirements:
    • You or a third party (such as a family member in the U.S.) must demonstrate financial support for your child during their stay.
  • Processing Time:
    • Humanitarian parole requests are typically processed within weeks to months, but urgency can expedite the process.

For more information, refer to the USCIS Humanitarian Parole Guidelines.

3. Family Reunification Options for Asylum Seekers

If you are granted asylum, you may petition for your child to join you under derivative asylum status. However, this option is only available after your asylum case is approved.

• Steps After Asylum Approval:
  • File Form I-730 (Refugee/Asylee Relative Petition):
    • This form is used to reunite with your child, provided they are under 21 years of age and unmarried.
  • Processing Time:
    • Family reunification typically takes 6-12 months, depending on the case.
  • Visa Issuance:
    • Once approved, your child will be issued a visa to enter the U.S.

For details, see USCIS Family Reunification for Asylees.

4. Immediate Steps to Protect Your Child

• Engage Local Authorities: If safe, report the abuse to local authorities or NGOs in your home country to provide immediate protection for your child.
• Consult an Attorney: Work with an experienced immigration attorney to file for humanitarian parole or to prepare for family reunification.
• Gather Evidence: Document all abuse and threats through photos, videos, and written testimonies. These will strengthen your child’s case.

5. Important Considerations

• Risk of Travel: Ensure that travel arrangements for your child prioritize their safety.
• Financial Support: Be prepared to demonstrate your ability to financially support your child in the U.S.
• Timing: While humanitarian parole can provide immediate relief, family reunification is a longer-term solution post-asylum approval.